Branchville Borough Ordinance #03-2024

ORDINANCE AUTHORIZING THE CONVEYANCE OF REAL PROPERTY OWNED BY THE BOROUGH OF BRANCHVILLE, COUNTY OF SUSSEX, STATE OF NEW JERSEY TO THE TOWNSHIP OF FRANKFORD, STATE OF NEW JERSEY

WHEREAS, the Borough Council of the Borough of Branchville desires to sell certain real property within the Township of Frankford, County of Sussex, designated on the Frankford Township Tax Map as the remainder of Block 68/Lot 4.02 (approximately 27.901 acres excluding the land previously conveyed to the NJDEP) and Block 42/Lot 5 (approximately 61.89 acres) Frankford Township, to the Township of Frankford (“Frankford”), State of New Jersey (collectively, both tax lots are the “Property”); and

WHEREAS, the price for the sale of the Property to Frankford shall be a total of Five Hundred Thousand ($500,000.00) Dollars unless modified in accordance with the Purchase Agreement with Frankford.

NOW, THEREFORE, BE IT ORDAINED, by the Borough Council of the Borough of Branchville

  1. (i) that the aforesaid Property be and is hereby determined by the Council to be not needed for public use by the Borough provided appropriate easements and rights are retained by the Borough; and
  2. (ii) that the Borough is authorized to sell the remainder of Block 68/Lot 4.02 (“Lot 4.02”) and Block 42/Lot 5 (“Lot 5”) (approximately 61.89 acres) to Frankford, State of New Jersey for Five Hundred Thousand ($500,000.00) Dollars subject to and in accordance with the terms and conditions contained in the Purchase Agreement with Frankford.

BE IT FURTHER ORDAINED, that the Mayor and the Borough Clerk are authorized to sign any documents, including, but not limited to, the Purchase Agreement, Deed, and required closing documents, in order to complete the conveyance on such forms as approved by the Borough Attorney, which forms will provide for retention of appropriate easements and other rights by the Borough if required by the Borough.

Severability. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance, which shall continue in full force and effect, and to this end the provisions of this Ordinance are hereby declared severable.

Repealer. All existing Ordinances and/or parts thereof which are inconsistent with the terms of this Ordinance, are to the extent of such inconsistency, repealed.

Effect. This Ordinance shall take effect in the time and manner as prescribed by law.

Notice

NOTICE is hereby given that the foregoing ordinance was adopted on final reading by the Mayor and Borough Council of the Borough of Branchville, Sussex County, NJ at a regular meeting held on June 5, 2024.

Kathryn Leissler, CMR CTC RMC
Branchville Borough Clerk